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Enlisting the U.S. Courts in a New Front: Dismantling the International Business Holdings of Terrorist Groups Through Federal Statutory and Common-Law Suits


Debra M. Strauss


Fairfield University - Charles F. Dolan School of Business

May 1, 2005

Vanderbilt Journal of Transnational Law, Vol. 38, Issue 3, pp. 679-742, 2005

Abstract:     
The time has come to extend the national approach that has been used successfully to dismantle the infrastructure of hate groups to the international realm against terrorist groups. The foundation of this approach is a private right to a cause of action apart from any military or diplomatic efforts by the government. This article analyzes case precedents under several federal statutes - the Antiterrorism Act of 1991, the Antiterrorism and Effective Death Penalty Act of 1996, the Torture Victim Protection Act, the Alien Tort Claim Act - as well as state common law tort claims, including aiding and abetting liability. Professor Strauss proposes an aggregate model for lawsuits by victims against terrorist groups, organizations, and state-sponsors of international terrorism, combining these claims and the types of damages and defendants accessible under each. Lastly, this article explores the obstacles to and avenues for enforcement of these judgments through the rule of international law and access to the frozen assets of terrorist states and organizations, providing important tools for plaintiffs in the civil battle against terrorism.

Number of Pages in PDF File: 64

Keywords: law, international law, terrorist groups, victims of terrorism, international business, civil lawsuits, Antiterrorism Act

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Date posted: November 23, 2008  

Suggested Citation

Strauss, Debra M., Enlisting the U.S. Courts in a New Front: Dismantling the International Business Holdings of Terrorist Groups Through Federal Statutory and Common-Law Suits (May 1, 2005). Vanderbilt Journal of Transnational Law, Vol. 38, Issue 3, pp. 679-742, 2005. Available at SSRN: http://ssrn.com/abstract=1305608

Contact Information

Debra M. Strauss (Contact Author)
Fairfield University - Charles F. Dolan School of Business ( email )
1073 N. Benson Road
Fairfield, CT 06824-5195
United States
203-254-4000 ext. 3160 (Phone)
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